Vinod Kumar P. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937 Crl.MC.No. 6601 of 2015 () --------------------------- CRIME NO. 1852/2015 OF PATHANAMTHITTA POLICE STATION , PATHANAMTITTA DISTRICT ======================= PETITIONER/2ND ACCUSED:

----------------------------------------- VINOD KUMAR P,. AGED 38 YEARS S/O.LATE GOPI, VALIYAVEETIL, MUDIYOORKONAM PO PANDALAM, ADOOR TALUK, PATHANAMTHITTA DISTRICT BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS/STATE:

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM

2. SUB INPSECTOR OF POLICE PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA BY PUBLIC PROSECUTOR SMT. SHEEBA M.T.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 6601 of 2015 () APPENDIX PETITIONER'S EXHIBITS ------------------------------------ ANNEXURE I: COPY OF THE FIR NO.1852/2015 IN CRIME NO.1852/2015 ALONG WITH LETTERS DATED 14.07.2015 RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C.No.6601 of 2015 --------------------------------------- Dated this the 12th day of November, 2015

O R D E R

The petitioner herein seeks orders quashing the FIR and further proceedings in Crime No.1852/2015 of Pathanamthitta Police Station, registered under Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). He seeks orders on the ground that the complaint against him does not contain any incriminating material. This application was opposed by the respondent (State) on the ground that there are definite materials to constitute the offence alleged in the complaint and also in the statement given by the victim to the learned Magistrate under Section 164 Cr.P.C. On a perusal of the complaint and the statement recorded under Section 164 Cr.P.C., I find that the crime cannot be quashed at this stage, and proper investigation will have to proceed. Let the truth and genuineness of the complaint be investigated by the police properly and effectively. Whether the victim could have in fact identified the accused, will also be looked into by the investigating officer

Crl.M.C.No.6601 of 2015 appropriately. The petitioner has no other reason or other ground to quash the crime. After final report is submitted by the police, the petitioner can file proper application, if he is aggrieved by the final report. I am not inclined to quash the crime at this stage, when investigation is in progress.

In the result, this petition is dismissed, however without prejudice to the right of the petitioner to bring appropirate proceeding in respect of the final report submitted by the police, if he is aggrieved by it.

Sd/- P. UBAID, JUDGE sd12/11 // True Copy // P.A. to Judge